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4. Nondisclosure of Confidential Information. You acknowledge that ZeniMax, through the investment of significant time, effort, and expense, is providing You confidential and/or proprietary trade information, intellectual property, business information or materials as part of the Beta Trial and that ZeniMax wishes to maintain the confidentiality of its Confidential Information. As a material inducement to ZeniMax to enter into this Agreement and to permit You access to participate in the Beta Trial, You hereby expressly represent and agree that You will not disclose, nor make any use of, or benefit from, directly or indirectly, the Confidential Information of ZeniMax.
(a) “Confidential Information” as used in this Agreement shall mean any and all information or material, of every kind and form, in electronic or tangible form, relating to the Beta Trial, Game or any other ZeniMax products and services which are made available to You by ZeniMax under this Agreement, whether or not designated as Confidential Information by ZeniMax. Confidential Information includes, but is not limited to, all information relating to the Beta Trial, Your selection as a Beta Trial participant, the Game (including but not limited to information and ideas relating to the Game, software, software code, designs, graphics, rules, playing strategies, artwork, visual depictions, plot, theme, settings, characters, characterizations, skills, emails, screenshots, marketing emails, marketing and promotional plans, current, future or proposed products or services of ZeniMax, written or printed documents, announcements or prereleases, product samples, artwork, graphics, promotional and/or marketing items), the Beta Trial forums and other private ZeniMax forums, business and/or trade secrets, testing protocols, processes, and standards relating to the Game and/or associated products or services of ZeniMax.